Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-05-20
Lucas's Last.

Thirty years ago the United States Sem
ate was called upon 10 decide whether LY-
MAN TRUNBUiI had been duly elected to
that body. The doubt arose out OF the fact
that he had been elected In contempt OF the
Constitution OF the State Of Illinois, which
provided that no person holding the office
OF Judge in the State should be elected to
the United States Senate whilst holding
that Office. The United States Senate de-
cided then. and OF course has never decided
Otherwise since. that as the Constitution of
Illinois bad nothing to do with fixing the
qualifications of United States Senators, Mr..
TRUxBuLL had been duly elected Senator.
Now, Notwithstanding these and other
well.known facts, Mr. Lucas, OF West Vir-
ginis, quotes from the Constitution OF West
Virginia the following provision as one
which rendered Judge FAULKNER ineligl-
bic TO the United States Senate at the time
OF bis election:
"No Judge. during bis term OF office.
shall practice the profession OF law or hold
any other Office, appointment, or public
trust under this or any other government,
and the acceptance thereof shall vacate his
judicial office; nor shalt he, during his
continuance therein, be eligible TO any pO-
liticsl Office"
So much only Of the above provision
IS Is confined in its operation to
State matters Is good law. The rest
IL no better than waste paper; for
il will be seen at once that this is another
case exactly like Mr.. TRUNBULL's. In other
words, Mr.. Lucas, who, it is claimed by
his friends, Is an able constitutional lawyer,
supposes that the Constitution OF West Vir-
gina can fix the qualifications OF United
States Senators. II Mr.. LUCAs's contention
could be maintained it would follow that
each one OF the thirty-eight States OF the
Union might fix the qualifications OF
its own senators. West Virginia would
allow no Judge to be elected to the United
States Senate; Virginia would allow no
Garnet Dagger; Ohio would allow no man
not born in that State; Illinois would al
low no Governor; Indiana would allow no
Lieutenant-Go Missouri would al
low no member Of the State Senate; Iowa
would allow no member Of the lower
house OF the Legislature; and so on TO the
end. The third paragraph OF section iii. of
Article |. Of the Federal Constitution
would be rendered null and void; for ac'
coYdipg TO that the following are all the
qualifications which any citizen OF the
United States needs In order to render him
eligible to the United States Senate
80. No person shall be q senator who
sbsll not have attained the age OF thirty
years, snd been nine years a citizen OF the
United states. and who shall not. when
elected, be an inhabitant Of that state from
which he shall be chosen
or course, II Mr.. LCCAs'S contention be
true, the state Of West Virginia could re-
quire her United States senators to be forty
years old, for II State can require any
other qualifications than those named IN the
Federal Constitution, 1t can prescribe the
age OF It's Senators. There would be no
end 10 the new qualifications that would be
or could be required.
In word. there is nothing in Mr.
Lucas contention. If be suppOse- thar
there is any merit in it, he is not the
right sort Of man to be sent to the Uuited
States Senate. Ii is on par with his re-
cent contention that the Legislature OF
West Virginia had no right to elect a
United states Senator at the called session
OF April last.